AZHAR HAIDER SHAH Versus STATE

ORDER

1. JAVID IQBAL, J.- -This petition for leave to appeal has been filed by Azhar Haider Shah petitioner who was convicted under section 302 and sentenced to death plus fine by the trial Court. On appeal the conviction was maintained but the sentence was reduced from death to that of imprisonment for life because the age of the petitioner at the time of occurrence was about 13/14 years. The sentence of fine was also reduced.

2. The deceased in this case is Zahir Ali Shah. The motive was that the deceased had quarreled with the petitioner about 11 months prior to the present occurrence. The occurrence took place at 9-15 p.m. on 11th May, 1983 in Aziz Colony Shahdara. The F.I.R. was lodged at Police Station Shahdara within three hours. The petitioner was arrested the next day and at his instance was recovered human blood-stained Chhuri. There are three eye-witnesses of the occurrence who have been relied upon. According to the prosecution story on the fateful day the petitioner entered the house of one Mubarak Ali Shah where the deceased was watching TV alongwith the other eye-witnesses. Soon after the arrival the petitioner started inflicting Chhuri blows to the deceased who was later taken to Mayo Hospital, Lahore but died on reaching the hospital. According to the medical evidence the deceased had six incised and stab wounds on his person which had damaged his lungs, liver and kidneys.

3. Learned counsel attempted to argue that the petitioner had been falsely implicated in this case and that the eye-witnesses had made contradictory statements. After careful perusal of the record we are of the considered opinion that no case is made out for the grant of leave in this case. As a result this petition is dismissed.

4. M . I . / A-121 / S Petition dismissed.